Assistance with disputes in association law - Legal Aid

Questioner

Subject Association law/ Dispute Committee. Reason: Dispute with the board of a (breed) association. This dispute concerns a sanction imposed by the board of directors consequence of an ''irregular violation''. However, in my opinion it concerns a violation of an administrative decision so not a regulatory violation, the violation concerns the violation of conditions imposed by administrative decision conditions were not discussed nor approved by the AGM. Note: These are additional conditions for using the benefits arising from membership. Since I would like to submit this dispute to an independent committee I have asked the board to inform me about the working method of the disputes committee, after all the Association's Articles of Association state that there is a disputes committee whose working methods are regulated in the House rules . However, in the subsequent internal regulations the word disputes committee not appointed at all. In a letter to the board I made the request to inform me under which article number of the household regulations governing the working methods of the relevant disputes committee. The board states that there is no disputes committee and further states that not wishing to respond substantively to my request as this is not feasible according to the association's statutory regulations, the board hereby refers to an article of the internal regulations which states that the board decides in matters not provided for in these regulations. Question 1: Is this course of action by the board correct...? -Then the following fact I can substantiate that other members who also have similarly violated these same terms and conditions and/or have been sanctioned, while in my opinion making a distinction between members and also in the benefits resulting from membership is prohibited by law AWGB / article 6-A. Question 2: Is it correct that the board's actions are correct in this way? acted carelessly..? I look forward to your response with great interest.

Lawyer

You write that the board has imposed a sanction for an 'irregular violation' I understand from this that the board has imposed a sanction on you because you allegedly violated a regulation. The first two questions that need to be answered are whether (a) the board is authorised to impose sanctions on members if they act irregularly and, if so, what sanctions and (b) whether there is irregular conduct. This should be done in a step-by-step manner, from general (legal regulations) to articles of association and then to regulations. So you will first have to go through these steps. If the board is/was to draw up the conditions that you are said to have violated and if the board is/was also authorized to sanction violation of those conditions, then in principle you have to comply with this. The next question is whether and if so in what way you can defend yourself against the imposed sanction. It is not necessarily the case that you can appeal to an 'independent disputes committee'. Here too, it must be assessed on the basis of the law, statutes and regulations (and in that order) whether and if so in what way you can provide a defence. If the decision-making is in conflict with the law, articles of association and/or regulations, you can, as a last resort, ask the court to annul/declare the decision null and void. The fact that the articles of association stipulate that there must be a disputes committee whose working method is regulated in the internal regulations, while the regulations say nothing about this, is bad, but that does not mean that the sanction decision itself is null and void or voidable. However, as a member you can bring this shortcoming to the attention of the members' meeting. Sometimes it is the case that as an alternative in all dispute cases an appeal can be made to the members' meeting to decide in the highest instance. You further indicate with reference to AWGB that distinction would be made between you and other members. The AWGB concerns distinction based on religion, belief, political persuasion, race, gender, nationality, hetero- or homosexual orientation or marital status. If you can demonstrate that the difference in treatment between you and other members is based on a distinction prohibited by the AWGB, then you may have a point. If such a distinction does not exist, then the unequal treatment may otherwise be unlawful, for example because it concerns competition-restricting measures prohibited by the Competition Act by an organisation with 'market power'. You can also raise the difference in treatment you have observed internally at a members' meeting. Please ensure that you bring up this topic for discussion at the (next) members' meeting in accordance with the rules that apply within the association.